Terms of Service – Testers

1. Registration

You agree to assume full responsibility for any damage caused to your system, any programs, data or information related to or arising from the testing services you acquire.

When you sign up with USERLYTICS™ to act as a tester, USERLYTICS™ will, through the registration process, collect personally identifiable information about you such as your name, contact information, PayPal account information, age, gender, education, employment status and hobbies, and any other information that you choose to provide, either initially or in follow up questionnaires after registration. Depending on the type of study, you may also be asked to complete screeners and, during a study, to share video images of your face, audio recordings of your voice, and other information, which USERLYTICS™ will collect and process as part of providing the testing services.   You hereby irrevocably transmit to USERLYTICS the exclusive and full copyright ownership of such video and audio recordings. You represent that the information you provide to USERLYTICS™ will be authentic, accurate and complete and made in accordance with USERLYTICS™ policies and procedures. 

USERLYTICS may further process device and browser identifiers, as well as network and connection data, (“Device Information”) for the purpose of preventing and detecting fraudulent activity on the platform. USERLYTICS may additionally process such Device Information to generate risk indicators through its fraud prevention systems.

2. Tester obligations

You must be of legal age to form binding contracts in your country and state of residence, or your parents must have signed and sent to us their approval of your participation. If you are under 13, you will also need to be accompanied by your parents during the tests.

Before launching a test, and during a test:

• Make sure to read and follow all tasks/questions carefully.
• When answering questions or following instructions, try not to deviate from the question/task.
• If booking a date and time for a moderated test, ensure you will be available and join the test as scheduled.
• In any moderated or unmoderated test, make sure to speak clearly and comment out loud on any thoughts you may have during your user experience throughout the test.
• Your attire and clothing for the test must be appropriate for a public setting, as you may be recorded via your webcam.
• Do not show (via your screen or webcam) any inappropriate photos, videos, or other content that is not directly related to the purpose of the study.
• Make sure you have the minimum technical-requirements to perform the test.
  • a) ADSL or higher speed broadband Internet connection;
  • b) A fully operational webcam and microphone;
  • c) System requirements (minimum) CPU: Intel i3 Dual-Core RAM: 4 GB OS: Windows 7 64-bit or MAC OS X 10.9 (Mavericks) and a free disk space of 5 GB
  • d) A valid e-mail address; and
  • e) A valid PayPal account for incentive distribution.
• Please check that your microphone and webcam are working properly to ensure that there will be no interference with your audio, visual or screen recording during the test. If you would like to run a brief test and get rated for receiving paid tests, please click here and follow the instructions on the screen.
  You are responsible for having access to all of the equipment needed to conduct one of our usability tests:
  If you do not comply with the aforementioned requirements your submission may be rejected and you will not be paid for your efforts.

As a tester, you will be asked to engage with our testing platform and allow Userlytics to:

• Record your computer screen actions, screen shots, clicks, navigational data and voice as you perform tasks on selected websites or other online or offline elements (“qualitative research testing”);
• Record your facial expressions through the use of your webcam;
• Answer a series of questions on design, content, user-friendliness, as well as offer ratings and suggestions on these areas; and
• Record your written commentary and suggestions; and
• Periodically provide updated profile information to be screened for future qualitative research tests.

USERLYTICS™ makes no representation or warranty that you will be selected to perform testing services.

You agree not to contact clients who have purchased testing services through our Website or through information gained from our Website with the intent of offering your own services directly to the client as a substitute for our services.

You agree to full confidentiality regarding any websites or other online elements or software or software prototypes which you are testing, have tested, or will test, as a result of your participation as a tester for USERLYTICS™, and to not disclose to third parties what tests you have performed for USERLYTICS™, or to copy or record any of the results, or the prototypes, media assets or files and applications tested in whatever form.

You agree not to copy or take screenshots/videos of our qualitative research testing application, prototypes, files, media assets, wireframes or any other information, media asset or concept and/or disclose this information to other testers or third parties, either in person, via the Internet, or any other form of communication.

3. Payments

Payments through USERLYTICS™ are made with the following conditions:

• You must have a working PayPal account or other alternative payment platform account that we may specify;
• You are paid a maximum of 30 days after fully completing a test;
• All payments are made in US $, with the exception of European based testers (including the EU and the UK), to whom payments are made in Euros.
• USERLYTICS™ reserves the right in its sole discretion to deny payment to any tester for the following reasons:
  • Incorrect and/or misleading profile information;
  • Poor set-up for purposes of conducting the test (e.g., background noise, no audio, poor sound quality, blocked webcam);
  • Duplicate accounts;
  • Substandard testing;
  • Expired tests, and test results that were not received by USERLYTICS, whatever the reason and/or, Incomplete reports (task not adhered to, not speaking your thoughts out loud during testing); USERLYTICS™ will ONLY pay you for complete, full reports and if the above guidelines have been met. In any event, in the case of tests performed where our client has chosen which specific testers should be invited to perform a test, and has provided us with your contact details or other means to allow us to invite you to participate, and has elected that you should not be paid for the test, Userlytics shall not pay you for performing the test.

4. Personal information

By accessing and using our website or our services, you agree to our Privacy Policies, which govern the collection, use, processing, and protection of your data, including video recordings and personally identifiable information. Our Privacy Policies outline your rights regarding data privacy and our responsibilities in safeguarding your information in compliance with GDPR and relevant data protection laws. For any questions or concerns about your data, please contact USERLYTICS at privacy@userlytics.com. 

For more information on our privacy policies and how we comply with CCPA and GDPR requirements, please see:
Testers Privacy Policy
Cookie Policy
Data Privacy Framework Statement
CCPA Addendum

By participating in a study, you acknowledge and agree that Userlytics may use the data you generate during a test and the information we collect for the purpose of training or improving artificial intelligence and machine learning models. 

Such use may also include processing anonymized or aggregated information to enhance the accuracy, functionality, and performance of platform features and our products.

5. Proprietary rights in website content

USERLYTICS™ is the owner or the licensee of all intellectual property rights in the Website and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Website and/or the testing services (the “Content”). You acknowledge that certain Content available on the Website is protected by copyright laws and treaties around the world, and trademark, patent or other intellectual property rights of USERLYTICS™ or its licensors. Except as expressly provided herein, nothing within the Website or the testing services shall be construed as conferring any license under any of USERLYTICS™ intellectual property rights, whether by estoppel, implication, waiver or otherwise.

Except as otherwise provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Content from the Website without the prior express written permission of USERLYTICS™.

All trademarks, service marks, and trade names appearing on the Website are the property of USERLYTICS™ or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage USERLYTICS™ and its trademarks, service marks, and trade names, or any other aspect of the Website or the Content. Any use of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of USERLYTICS™ or the owner of the mark or name, as applicable, is strictly prohibited.

If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports (hereinafter “Test Results”) with respect to any tested sites or your performance as a tester, you hereby assign and agree to assign any and all rights in and to such Test Results to USERLYTICS™ for no additional consideration. You hereby irrevocably assign full and exclusive copyright ownership in all content produced by you whilst conducting a test with the USERLYTICS™ platform, including all audio and video images, for no additional consideration, to the maximum extent permitted by applicable law.

6. All rights not expressly granted in these Terms of Use are reserved

USERLYTICS™ has applied for the registration of the userlytics.com logo as European Community and International registered trade marks of USERLYTICS™ (together the “Trade Marks”). WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT IT CONTAINS ARE PROVIDED ON AN “AS IS, AND AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERLYTICS™ DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY USERLYTICS™, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. USERLYTICS™ DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT USERLYTICS™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

USERLYTICS™ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE CONTENT; (2) YOUR USE OF THE WEBSITE AND THE CONTENT; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL USERLYTICS™, ITS EMPLOYEES, SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIM (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE OR THE CONTENT IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF USERLYTICS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH USERLYTICS™, ITS EMPLOYEES, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID TO YOU FOR PROVISION OF THE TESTING SERVICES AT ISSUE. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

8. Indemnity

You agree to indemnify and hold harmless USERLYTICS™, its employees, suppliers and licensors, their respective officers, directors, employees, agents, subsidiaries and affiliates, and each of them from any third-party claim, liability, loss, damage, cost or expense (including without limitation reasonable attorney’s fees) arising out of or related to your provision of testing services, the Website or any Content it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.

9. Links to other websites

You acknowledge, understand and agree that USERLYTICS™ does not have control over any third party website or software or software prototype for which you provide testing services or for which the Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.

10. Changes to the Terms of Use

USERLYTICS™ reserves the right to discontinue the testing services at any time or otherwise make changes to the services at any time, without notice, and without liability to you or any third party of any kind.

If USERLYTICS™ changes these Terms of Use, it is your responsibility to review them each time you use the Website and/or the Service to ensure you are aware of the latest Terms of Use. By using the Website and/or the Services following any modified Terms of Use by USERLYTICS™, you agree to be bound by those changes. Any disputes arising under these Terms of Use shall be governed by the Terms of Use in effect at the time the claim or dispute arose. Any changes apply prospectively only to new transactions or activities after the date of the change.

11. General terms

You and USERLYTICS™ are independent parties. Nothing in these Terms of Use will be construed to make You an agent, employee, joint venturer, partner or legal representative of USERLYTICS™. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and shall completely replace any prior agreements, oral or written, between you and USERLYTICS™ in relation to you acting as a tester for USERLYTICS™. You agree that if USERLYTICS™ does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which USERLYTICS™ has the benefit of under any applicable law), this will not constitute a formal waiver of USERLYTICS™ ´rights and those rights or remedies will still be available to USERLYTICS™.

You may not assign or delegate any rights or obligations under these Terms of Use and any purported assignment or delegation shall be ineffective. USERLYTICS™ may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially.

These Terms of Use shall be governed by the law of the State of Florida, USA. You hereby consent to the jurisdiction of the state and federal courts in and for Florida, USA, for the resolution of any dispute arising out of or related to these Terms of Use. However, any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the breach, termination, or validity thereof, shall first be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Florida, USA. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

If any court of law, having jurisdiction over the Website and/or the qualitative research testing services, rules that any provision of these Terms of Use is invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the rest of these Terms of Use, which shall continue in full force and effect. USERLYTICS™ may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information.

Questions, comments and requests in relation to these Terms & Conditions should be sent to USERLYTICS™ via email at legal@userlytics.com, or via regular mail to: Userlytics Corporation 1200 Brickell Avenue, Suite 1950, Miami, Florida, 33131 USA